Congress Motion Dismissed
WASHINGTON, DC - On July 18 Judge Robert W. Sweet of US Federal Court reserved the orders on submissions without the oral arguments on the issues of effective service of summons and personal jurisdiction in the Sikh Genocide Case pending against Indian National Congress (Congress-I).
On July 13, "Jones Day" Law Firm representing defendant Congress (I) had filed a motion to dismiss all the charges of Genocide of Sikhs in November 1984 against Congress (I) for defective service in USA and in India and for lack of personal jurisdiction of the US Federal Court to hear this case.
Challenging Congress (I)'s motion to dismiss for lack of Service and personal jurisdiction, Sikhs for Justice (SFJ) submitted a 28 page Memorandum of Law claiming that victims of November 1984 Sikh Genocide has properly served the Congress (I) and the US Federal court has personal jurisdiction to hear the claims under Alien Tort Statute (ATS) and Torture Victim Protection Act (TVPA).
The Rights Group SFJ submitted documentary evidence to Judge Sweet proving that Sonia Gandhi President of Congress (I) was served at its Headquarter in New Delhi. The record also demonstrates that victims of November 1984 Sikh Genocide have more than satisfied the service requirements of the "Hague Service Convention" and the federal rules when service of the summons and complaint was made on the Central Authority of India in New Delhi.
In March 2012 Congress Party issued a statement that was widely published in international newspapers declaring that it had reconstituted the Executive Committee of - INOC in United States. Dr. Karan Singh, Chairman of the Foreign Affairs Department for the All India Congress Committee ("AICC"), removed the President of Overseas Congress (Dr. Surinder Malhotra) and replaced him with George Abraham, Secretary General of INOC in United States.
The documents submitted to the US Court of the appointment of George Abaraham as INOC President by Dr. Karan Singh, Chairman of the Foreign Affairs Department of the All India Congress Committee proves that Congress (I)'s in India has direct control over INOC in United States. The evidence also consists of sworn statements of Dr. Surinder Malhotra, ex President of INOC submitted to US Courts in unrelated cases claiming that INOC is the "wholly owned subsidiary party" of the Congress (I) of India.
According to Gurpatwant Singh Pannun, legal advisor SFJ, the motion has requested Judge Sweet to set up a trial calendar in the pending Sikh Genocide case arguing that victims have stated valid and timely claims under the ATS and TVPA; have made a prima facie claim showing that US Court has personal jurisdiction over the Congress Party and that Congress (I) has been properly served. The Congress Party and its members and leaders are liable jointly, severally and vicariously for conspiring, aiding, abetting and carrying out attacks on genocidal attacks on Sikh population of India in November 1984, added attorney Pannun.
In March 01, 2011, a class action law suit {SFJ v. Congress (I) SDNY (10 CV 2940)} was filed by "Sikhs For Justice" and victims of November 1984 Sikh Genocide under Alien Tort Statute (ATS) and Torture Victim Protection Act (TVPA) against Congress (I) the ruling political party of India for conspiring, aiding, abetting and carrying out Genocidal attacks on Sikh population of India in which more than thirty thousand Sikhs were killed.
